Residents says storm runoff threatens homes
Matawan says it
cannot intervene on
private property
By Alison Granito
Staff Writer

The yards behind several residences on Oak Knoll Drive in Matawan have eroded from storm runoff.

MATAWAN — A group of residents living in adjacent townhouses on Oak Knoll Drive have already lost their back yards, decks, air conditioners and retaining walls. They fear the next thing to go will be the foundations holding up their homes.

The residents of the development fear losing their homes to an increasingly serious erosion problem, which they feel is a direct result of excess runoff from open storm drains on NJ Transit and borough property behind their homes.

If someone tried to step out the sliding glass backdoor of 41 Oak Knoll Drive to stand where the deck used to be, they would encounter a 12-foot drop.

According to Robert Orlowski, who lives at 41 Oak Knoll Drive, he can’t rebuild his deck because it will only fall down again.

Orlowski said that his homeowner’s insurance company, and those of his neighbors, have determined that the erosion problem behind their homes is being caused by excess runoff from storms.

"I’ve been told by three separate engineers that there is no way anyone should have allowed this development to be built without a proper drainage system," said Orlowski.

The contractor cannot be held responsible since the homeowners warranty expired 10 years after the development was built. According to the residents, the development is just under 15 years old. The performance bond that the borough requires of all developers was released two years after construction was completed.

Next door, behind unit No. 42, the back yard suddenly disappears about eight feet behind the back of the townhouse into the same sheer drop into a gully through which the tracks for the North Jersey Coast Line run. The retainer wall on that property has partially collapsed, as has the retainer wall behind unit No. 39.

"There is nothing underneath that wall anymore. All the soil has washed away," said Gene Hamilton, who lives at No. 39.

Although the problems started behind Orlowski’s house, they continue to spread every time there is a severe rainstorm.

"Each house it affects, it will affect the next house, and the next house, and the next house," said Orlowski.

According to Orlowski, his property line ends 22 feet behind his home. The erosion problem clearly extends farther than that.

In a gully approximately 40 feet behind the houses, large trees, which could cause serious damage to the houses if they were to fall in their direction, can be observed listing over from soil erosion.

Borough Engineer Robert Bucco, T&M Associates, Middletown, said he visited the site earlier in the year and determined that the problem was not on borough property. Bucco also said that NJ Transit has inspected the site and said that their property is not contributing to the erosion.

At the time of his visit, Bucco said that there was no "imminent threat" to the homes.

"We’re scared of what will happen next time there is a storm," said Fe Cayabyab, who lives next door to Orlowski. "Every time it gets worse."

Bucco said that since the problem is on private property the borough is not under any obligation to correct it.

Mayor Robert Clifton said that the borough contacted NJ Transit about the matter again after the residents raised the issue at a Borough Council meeting in November,

"We have made this a priority and will continue to do everything we can to help them get this fixed," Clifton said Monday.

However, the mayor said that the borough can’t make a practice of going on to private property to fix problems.

Bucco said Monday that he has not found any sources of funding to help the residents with the problem from the Department of Environmental Protection or the Federal Emergency Management Association since some of the erosion was a result of Hurricane Floyd in 1999.

According to the residents, they brought this problem to the attention of the borough over a year ago and are not satisfied with the level of action on the borough’s part. They say they have isolated an expert on environmental law and are considering legal action.

As of press time, Borough Attorney Brian Mullen could not be reached for comment.

"We want to try and do this with cooperation first — exhaust all our avenues," said Orlowski. "We hope the town will work with us."

Orlowski said that he feels the borough has been reluctant to push NJ Transit on behalf of the residents to avoid complicating other projects the borough and agency are cooperating on.

Earlier this year the borough, in conjunction with neighboring Aberdeen and NJ Transit, kicked off plans to redevelop the 100 acres immediately surrounding the Aberdeen-Matawan train station.

According to the residents, they have contacted their state legislators, and Sen. Joseph Kyrillos (R-13) has asked NJ Transit Executive Director Jeffrey Warsh to look into the matter.

The residents say that it essentially comes down to who is responsible for the property between the tracks and the residents’ rear property lines.

"We know we don’t own it," said Orlowski. "We can’t get a straight answer on who does."

According to an October 2000 letter from Bucco’s office to the borough administrator, written after a September 2000 inspection, the "failure line extends to the north and south of the (Orlowski’s) lot on borough property."

According to Orlowski and his neighbors the land behind their homes needs to be re-graded, a retaining wall crossing several properties needs to be built, and a drainage system needs to be installed.

"Our homes are in danger," he said.